SUPREMACY CLAUSE. It is hereby agreed that the terms and conditions of the Note and other Loan Documents, as modified by this Agreement, shall remain in full force and effect and shall be binding upon New Borrower. It is understood and agreed that in the event there are any conflicting or omitted provisions or variations between the terms, conditions, rights, or remedies in the Note or any other Loan Document (other than this Agreement) and the terms of this Agreement, those terms, conditions, rights or remedies which are most favorable to Lender shall remain in full force and effect and shall prevail. A default under the terms and conditions of this Agreement shall constitute a default under the terms and conditions of the Note and other Loan Documents.
Appears in 2 contracts
Samples: Assumption and Release Agreement (W2007 Grace Acquisition I Inc), Assumption and Release Agreement (American Realty Capital Hospitality Trust, Inc.)
SUPREMACY CLAUSE. It is hereby agreed that the terms and conditions of the Security Instrument, the Note and other Loan Documents, as modified by this Agreement, shall remain in full force and effect and shall be binding upon New Borrower. It is understood and agreed that in the event there are any conflicting or omitted provisions or variations between the terms, conditions, rights, or remedies in the Security Instrument, the Note or any other Loan Document (other than this Agreement) and the terms of this Agreement, those terms, conditions, rights or remedies which are most favorable to Lender shall remain in full force and effect and of this Agreement shall prevail. A default under the terms and conditions of this Agreement shall constitute a default under the terms and conditions of the Security Instrument, the Note and other Loan Documents.
Appears in 2 contracts
Samples: Assumption and Release Agreement, Assumption and Release Agreement (Chesapeake Lodging Trust)
SUPREMACY CLAUSE. It is hereby agreed that the terms and conditions of the Security Instrument, the Note and other Loan Documents, as modified by this Agreement, shall remain in full force and effect and shall be binding upon New Borrower. It is understood and agreed that in the event there are is any conflicting or omitted provisions or variations conflict between the termsterms and provisions of the Security Instrument, conditions, rights, or remedies in the Note or any other Loan Document (other than this Agreement) and any express modification of the terms of Loan Documents set forth in this Agreement, those terms, conditions, rights or remedies which are most favorable to Lender shall remain in full force the terms and effect and provisions of any such express modification shall prevail. A Subject to any applicable notice and cure period as may be set forth in Section 7.1(k) of the Loan Agreement, a default under the terms and conditions of this Agreement by New Borrower shall constitute a default under the terms and conditions of the Security Instrument, the Note and other Loan Documents.
Appears in 2 contracts
Samples: Assumption and Release Agreement, Assumption and Release Agreement (American Realty Capital - Retail Centers of America, Inc.)